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Union of India - Section

Section 35 in Indian Forest Act, 1927

35. Protection of forests for special purposes. - (1) The [State Government] [[Substituted by A.O.1950, for

[Provincial Government].]], may, by notification in the Official Gazette, regulate or prohibit in any forest or waste-land(a)the breaking up or clearing of land for cultivation;(b)the pasturing of cattle; or(c)the firing or clearing of the vegetation;when such regulation or prohibition appears necessary for any of the following purposes:(i)for protection against storms, winds, rolling stones, floods and avalanches;(ii)for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the prevention of land-slips or of the formation of ravines and torrents, or the protection of land against erosion, or the deposit thereon of sand, stones or gravel;(iii)for the maintenance of a water-supply in springs, rivers and tanks;(iv)for the protection of roads, bridges, railways and other lines of communication;(v)for the preservation of the public health.
(2)The [State Government] [[Substituted by A.O. 1950, For "ProvincialGovernment".]] may, for any such purpose, construct at its own expense, in or upon any forest or waste-land, such work as it thinks fit.
(3)No notification shall be made under sub-section (1) nor shall any work be begun under sub-section (2), until after the issue of a notice to the owner of such forest or land calling on him to show cause, within a reasonable period to be specified in such notice, why such notification should not be made or work constructed, as the case may be, and until his objections, if any, and any evidence he may produce in support of the same, have been heard by an officer duly appointed in that behalf and have been considered by the [State Government] [[Substituted by A.O.1950, for "ProvincialGovernment".]].
[Delhi].- In Section 35, sub-S. (1),(i) for the words any forest or waste-land, substitute any forest, waste-land or grass-land;(ii) for Cls. (b) and (c), substitute the following clauses, namely:(b) the cutting of trees and timber;(c) the disposal of any forest-produce;(d) the firing or clearing of vegetation;(e) the cutting, storage and conservation of grass or leaf fodder; or(f) the admission, herding or pasturing of cattle; and(iii) after Cl. (v), add the following clause, namely:(vi) for any other purpose conducive to public welfare.Act 66 of 1948, Section 30.[Gujarat].- Section 35, as amended by Gujarat Act 15 of 1960, has been repealed in the State of Gujarat by Gujarat Act 14 of 1973, Section 23 (w.e.f. 1-8-1973).[Madhya Pradesh].- In its application to the State of Madhya Pradesh, in sub-S. (1),(i) after Cl. (c), insert the following clause, namely:(d) the cutting of plants and trees; and(ii) after Cl. (iv), insert the following clause, namely:(iv-a) for preventing destruction and for promoting conservation and development of forest.M.P. Act 26 of 1950, Section 2 (w.e.f. 3-11-1950).[Maharashtra].- Section 35, as amended by Bombay Acts 62 of 1948 and 24 of 1955 and Maharashtra Act 6 of 1961, has been repealed in the State of Maharashtra by Maharashtra Act 29 of 1975, Section 24 (w.ef. 30-8-1975).[West Bengal].- Ss. 35 to 38 repealed by Section 63 of the Bengal Private Forests Act, 1948. Section 63 of the Bengal Private Forests Act, 1948, is as follows:63.(1) Sections 35, 36, 37 and 38 of the Indian Forest Act, 1927, in their application to Bengal are hereby repealed.(2) Such repeal shall not affect anything done or suffered or any obligation or liability accrued or any penalty incurred or any proceedings commenced before the commencement of this Act.(3) Any private forest or waste-land held under the control of a Forest Officer under section 36 of the Indian Forest Act, 1927, immediately before the commencement of this Act shall, on such commencement, notwithstanding the repeal of the said section, continue to be so held under the control of a Regional Forest Officer under the provisions of this Act applicable to a vested forest and shall be deemed to be a vested forest for the purposes of this Act.(4) All lands which immediately before the commencement of this Act were being managed as a reserved or protected forest under the provisions of section 38 of the Indian Forest Act, 1927, shall, on such commencement, notwithstanding the repeal of the said section, continue to be managed under the provisions of section 59 of this Act as a vested forest subject to such terms as may have been mutually agreed upon between the owner or owners of such lands and the Collector, and the application made under sub-section (1) of the said section 38 by the owner or owners of any such land shall be deemed to be an application made under the said section 59.
Section 35-A
[Punjab, Haryana and Chandigarh].- After Section 35, insert the following section, namely:35-A. Power to regulate preservation, etc., of trees in private lands.The State Government may, by rules made under section 76, regulate the preservation and disposal of trees standing on lands belonging to or in the occupation of private persons, in respect of which permission to remove is required under the record of rights prepared under any law relating to land revenue.Punjab Act 13 of 1962, Section 3 (w.e.f. 10-7-1962) and Central Act 31 of 1966, Section 88 (w.e.f. 1-11-1966).